Citation Nr: 20021802 Decision Date: 03/27/20 Archive Date: 03/27/20 DOCKET NO. 16-52 272 DATE: March 27, 2020 REMANDED Entitlement to service connection for bilateral pes cavus is remanded. Entitlement to service connection for costochondritis (rib pain) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2008 to July 2012. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision of a VA Regional Office (RO). The Board denied the Veteran’s claim for service connection in December 2018. Subsequently, the Veteran appealed the denial of her service connection claims to the United States Court of Appeals for Veterans Claims (Court/CAVC). In a September 2019 decision, the Court granted the parties’ Joint Motion for Partial Remand (JMPR), vacated a portion of the Board’s December 2018 decision, and remanded the matter to the Board for action consistent with the ruling. The claim is now once again before the Board. 1. Entitlement to service connection for bilateral pes cavus is remanded. The Veteran contends that she suffers from pes cavus or pain resulting in functional impairment as a result of her active service. Although there is no current diagnosis of a pes cavus condition, the November 2011 VA examination shows evidence of pain, stiffness, and swelling. The Veteran reported functional impairments in standing, walking, and running. The examiner noted that the condition had existed for 2 years, which includes time during the Veteran’s active service. However, the VA examiner stated that there was insufficient pathology to render a diagnosis. Pain may be considered a disability for VA purposes if it results in a functional impairment of earning capacity. See Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir., 2018). It is unclear from the record the degree to which the Veteran’s foot condition causes such functional impairment. The Board also notes that roughly 9 years have passed since the Veteran’s November 2011 VA examination. Accordingly, in light of evidence of a potential in-service injury or condition and medical evidence of foot condition symptoms resulting in functional impairment, a VA examination is necessary on remand in order to obtain an opinion as to the nature and etiology of any pes cavus or other bilateral foot condition, and to obtain an opinion regarding any functional impairment. McClendon v. Nicholson, 20 Vet. App. 79, 83 (2006). 2. Entitlement to service connection for costochondritis (rib pain) is remanded. The Veteran contends that she suffers from costochondritis or pain in her rib or torso area resulting in functional impairment as a result of her active service. Although there is no current diagnosis of a diagnosed costochondritis condition, the November 2011 VA examination shows evidence of chest pain, stiffness, weakness, debility, and locking. The Veteran reported functional impairment in bending over without pain. The examiner noted that the condition had existed for 2 years, which includes time during the Veteran’s active service. However, the VA examiner stated that there was insufficient pathology to render a diagnosis. Pain may be considered a disability for VA purposes if it results in a functional impairment of earning capacity. See Saunders v. Wilkie, supra. It is unclear from the record the degree to which the Veteran’s torso condition causes such functional impairment. The Board also notes that roughly 9 years have passed since the Veteran’s November 2011 VA examination. Accordingly, in light of evidence of a potential in-service injury or condition and medical evidence of a torso condition with symptoms resulting in functional impairment, a VA examination is necessary on remand in order to obtain an opinion as to the nature and etiology of any McClendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matters are REMANDED for the following action: 1. Make efforts to obtain all outstanding medical records in accordance with the duties set forth in 38 C.F.R. § 3.159(c). After all outstanding records have been associated with the claims file, forward the Veteran's claims file to a qualified VA medical professional to conduct an appropriate VA examination to determine the current nature and etiology of any current bilateral foot condition, to include pes cavus, and any current torso condition, to include costochondritis. Consideration should be given to the Veteran’s lay statements and the November 2011 VA examination. A full medical history should be documented in the examination report. The examiner is asked to address the following: (a.) Provide a current diagnosis for any foot and torso conditions which may be manifested at any time during the period on appeal, including any complaints of pain that result in a functional impairment of earning capacity; (b.) If the Veteran does not now have, but previously had, any diagnosed foot or torso condition, when did that condition resolve; and (c.) Provide an opinion as to whether any diagnosed foot or torso condition at least as likely as not (a 50 percent or greater probability) is etiologically related to service. All opinions must be supported by a rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Hicks, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.